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Wikia- Terms of Use
Date of Last Revision: March, 2012 Welcome to Wikia (the “Service” or “Site”), operated by Wikia, Inc. (the "Company"). By accessing or using our web site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), without regard as to whether you are a registered member of Wikia. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. These Terms of Use apply to members and non-members alike. In order to use the Service, you must accept these Terms of Use. You may do so by (a) registering for membership with the Service and/or Company or (b) by actually using the Service. You may not use the Service and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with the Company, or (b) you by law are barred from using the Service or accepting the Terms of Use. Membership In order to use certain portions of this Service, you will need to first register for membership in the Service. You are prohibited from registering for membership in the Service where prohibited by law. In addition, the Service is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By registering for the Service Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. If you choose to register for membership, in consideration of your use of the Site, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account. The Company may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice. Wikia's Intellectual Property The words WIKIA and WIKICITIES are registered trademarks of the Company in the U.S. and/or in other countries. The Company's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. User Conduct You agree not to use the Service to: *Abuse, harass, threaten, impersonate or intimidate other Wikia users; *Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs, religious intolerance, or encourages criminal conduct; *Attempt to impersonate another user or person; *Post any illegal or unauthorized content or use for any illegal or unauthorized purposes; *Post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any Wikia user; *Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorized solicitation; *Solicit personal information from any user under the age of 18; *Violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content); or *Post advertisements or solicitations of business. You further agree: *To only use the services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations; *To maintain the confidentiality of any password(s) associated with your use of the Service; *To notify the company immediately in case of any unauthorized use of your account; *Not to intentionally block, remove, or otherwise obstruct the proper functioning and view of advertisements, and/or user interface and functionality by other users, including but not limited to changing or adding javascript or CSS changes to the Service that would prevent the proper display or function of advertisements and/or user interface and functionality; *Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment; *Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; *With the exception of accessing RSS feeds and our API in accordance with the Service’s policies applicable to such access, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; *Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service; *You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site, including robot exclusion headers; or *Not to access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this “User Conduct” section. Submitting Content to the Site and Copyrights You are solely responsible for the content, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you not have permission to submit. For submissions to search results pages, you may not submit content that is not compatible with the license used by the particular project of the Service. You understand and agree that the others may, but are not obligated to, edit, delete or remove (without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to direct the Company to copy, store, publish, display, and distribute your content via the Service. The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us. When you post content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. Claims of Copyright Infringement For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act: ::Bill Kaufmann ::Wikia, Inc. ::500 Third Street ::Suite 405 ::San Francisco, CA 94107 You may email the designated agent via copyright@wikia.com. Please include "Claim of copyright infringement" in the subject of your email. For clarity, only DMCA notices should go to the Copyright Agent. Disclaimers and Limitation on Liability While we provide rules for user conduct and submissions, the Company does not control and is not responsible and is not liable in any manner for any content submitted to the service. The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service. Further, you understand and acknowledge that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. The Service is provided "as-is" and "AS AVAILABLE". The Company disclaims any and all representations and warranties, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK. You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability from using this Service or its content or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; © THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED. Governing Law, Venue, and Jurisdiction By using the Service, you agree and acknowledge that the Service is hosted in the United States. If you are attempting to access the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of that the laws of the State of California, without regard to principles of conflict of laws, which will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection with your use of these Services other than in the state and federal courts of California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Other Terms and Conditions These Terms of Use constitute the whole agreement between you and Company regarding the use of the Service, and completely replace any prior agreements between you and Company relating to your use of the Service. To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls. If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue to be valid and enforceable in full force and effect. If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.